12-15-406
Section 12-15-406 Determination of placement of the minor or child. (a) At the time that a minor or child sought to be committed is first brought before the juvenile court, the juvenile court shall determine the placement of the minor or child pending further hearings. No limitations shall be placed upon the minor or child unless limitations shall be necessary to prevent the minor or child from doing substantial harm to self or to others or to prevent the minor or child from leaving the jurisdiction of the juvenile court. (b) No child shall be placed in a juvenile detention facility unless the child is charged with a delinquent act. (c) The juvenile court may order the minor or child to be held in a public or private facility pending receipt by the department. (d) The juvenile court shall order the minor or child to appear at the times and places set for hearing the petition and may order and require the minor or child to appear at designated times and places to be examined by medical...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual disability. (a) At the final hearing upon a petition seeking to commit a minor or child to the department on the basis that the minor or child is a person with an intellectual disability, the juvenile court may grant the petition if clear and convincing evidence proves all of the following: (1) The minor or child sought to be committed is a person with an intellectual disability. (2) The minor or child is not mildly retarded, as defined by the department. (3) The minor or child, if allowed to remain in the community, is likely to cause serious injury to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities are available only at a facility provided by the department. (b) Upon these findings, the juvenile court shall enter an order setting forth the findings, and may order the minor or child committed to the custody of the department. (c) The commissioner...
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11-43D-1
Section 11-43D-1 Cities to which chapter applies; form of ordinance. The governing body of any Class 5 municipality operating under a United States district court consent decree approved by the court in the case of Tolbert and Petty vs. the City of Bessemer, Civil Action No. 75-297, by a majority vote of the members thereof may adopt an ordinance establishing a mayor-council form of government pursuant to the terms and conditions of this chapter. Any municipality desiring to adopt a form of government provided for herein shall adopt an ordinance in substantially the following form: "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _____ AS FOLLOWS: "Section 1. That pursuant to Act 89-750 of the 1989 Regular Session of the Legislature, the mayor-council form of government pursuant to the United States district court decree agreed to by the parties and approved by the court on the 18th day of October, 1985, in the case of Tolbert and Petty vs. the City of Bessemer, under which the...
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12-15-303
Section 12-15-303 Transfer of dependency proceedings between juvenile courts within the state. (a) If a dependency proceeding is commenced in a county other than the county of the residence of the child, the juvenile court in which the proceedings were commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding before or after adjudication to the county of the residence of the child for the purpose of adjudication, disposition, supervision, or review as mandated by federal and state law for children in foster care or in the custody of the state, or any combination thereof. (b) For purposes of this section, county of the residence of the child means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency. (c) Certified copies of all legal and social...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney representing the state, any county, or municipality or the Department of Youth Services or the Department of Human Resources or an attorney representing the person or persons filing a petition to have a minor or child committed may serve as the advocate in support of the petition to commit in all matters regarding the petition. (b) At the final hearing upon a petition seeking to commit a minor or child to the custody of the department on the basis that the minor or child is mentally ill, the juvenile court may grant the petition if clear and convincing evidence proves all of the following: (1) That the minor or child sought to be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor or child poses a real and present threat of substantial harm to himself, herself, or to others. (3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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45-45-82
Section 45-45-82 Child protection board and fund. (a) In order to provide for the protection and welfare of children in Madison County who are alleged to be or have been found by the juvenile court of the county to be abused or neglected or otherwise dependent as defined by Section 12-15-102, there is levied and imposed a court cost of four dollars ($4), in all cases filed in the district court of the county, which shall be in addition to all other costs previously imposed. The clerk of the court shall collect the costs and remit them to a fund to be designated as the Child Protection Fund in the county treasury. (b)(1)a. There is established a board to be known as the Child Protection Board of Madison County. The board shall consist of seven members. The presiding district judge, after consulting with the district court judges of Madison County, shall appoint the six initial board members, two members to serve four-year terms, two members to serve three-year terms, and two members to...
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12-15-206
Section 12-15-206 Transfer of delinquent and child in need of supervision proceedings between juvenile courts within the state. If a child resides in a county of the state and the delinquency or child in need of supervision proceeding is commenced in a juvenile court of another county, the juvenile court in the county in which the proceeding was commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding to the county of the residence of the child for such further action or proceedings as the juvenile court receiving the transfer may deem proper. A transfer may also be made if the residence of the child changes pending the proceeding. The proceeding shall be so transferred if the child has been adjudicated delinquent or in need of supervision and other proceedings involving the child are pending in the juvenile court of the county of his or her residence. Certified copies of all legal and social records...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires, have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number, and the word "shall" is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age, a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117, or a person under 21 years of age in foster care as defined by the Department of Human Resources. (2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more than 10 children are received and maintained for the purpose of providing them with care or training or both, or transitional living program services, but does not include: a. Any institution for child care which is under the ownership or control,...
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12-15-125
Section 12-15-125 Taking into custody of children generally. (a) A child or minor may be taken into custody for any of the following reasons: (1) Pursuant to an order of the juvenile court. (2) By a law enforcement officer having reasonable grounds to believe that the child or minor has run away from a juvenile detention, residential, shelter, or other care facility. (3) By a law enforcement officer having reasonable grounds to believe that the child or minor is suffering from an illness or injury or is in immediate danger from the surroundings of the child or minor and that the immediate removal of the child or minor from those surroundings is necessary for the protection of the health and safety of the child or minor. (b) In addition to the grounds listed in subsection (a), a child may also be taken into custody for any of the following reasons: (1) By a law enforcement officer for an alleged delinquent act pursuant to the laws of arrest; (2) By a law enforcement officer who has...
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12-15-138
Section 12-15-138 Power of juvenile courts to enter protection or restraint ex parte order; when order may be entered; purpose of order. The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child subject to the proceeding. (Acts 1991, No. 91-661, p. 1265, §1; §12-15-150; amended and renumbered by Act 2008-277, p. 441, §9.)...
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